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3 <br />r <br />L <br />ACKNOWLEDGEMENT OF DEED OF TRUST OJT I 0 0 4 2 7 <br />BORROWERS READ THIS BEFORE SIGNING: <br />Borrowers (Trustors) irndsrstand that thedocumenl that the Borrowers are about toexecute is a Osed of Trusl and note mortgage and thatthe power of sale provided <br />for In the Deed of Trust provides substantially different right* and obligations to the Borrowers than a mortgage in the event of a delault or breach of obligation under the <br />Dead of Trust, including• but not limited to. the Lender's right to have the Real Property sold by the Trustee without any Judicial proceeding or foreclosure. Borror►ets <br />reprseenI and warrant that this acknowiedgematil was executed by them before the execution Of the Deed of Trust <br />(La r obill (/ Borrower <br />40�it -�L <br />(Bonnie D. Job) Borrower <br />PREFACE TO DEED OF TRUST <br />COMftM"pt fin ONLY N 1M red ptspsrty ll Will consists of I1401VIDUALLV OWNED AGRICULTURAL LAND. <br />it appNeNN. efatti III eN ONLY ONE sillier A, 9, of C: <br />O A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD: <br />The Borrower(s) acknowledge that they are about to execute the following Dead of Trust upon the real estate described therein. The Bowrower(s). and each of them if <br />more than one. do hereby disclaim their right to designate a homestead purtuaptt thereto. No part of the homestead of either of the Borrowers) is presently or wi111n the <br />future be situated upon said real estate. The Borrowers) understand that(f euhef establishes a homestead onany part of said real estate during the time the Deed of Trust <br />remains unsaitistiod and a lien upon said real estate, there shall be no rig htto m0e a designation of homestead in the event of a foreclosure or trustee's sale with respect to <br />said Deed of Trust <br />13 B. WAIVER OFRIONTTO DESIGNATE HOMESTEAD: <br />T he Borrower(s) acknowledge that they are atwul to execute the following Deed of Trust upon the real estate described therein. The Sorrower(s), and each of. them it <br />more than one, do hereby waive their right to designate a homestead pursuant thereto. The Borrower(ti) understand that the)i have the right to make a deilgit®tion,of. <br />homestead and that by executing this waiver. they are waiving rights otherwise available for the purpose ofaffording them the opportunity to retain their homestead ln .f m i <br />event of a default upon the Deed of Trust. <br />O C. DESIGNATION OF HOMESTEAD: t <br />Pursuant to the Farm Homestead Protection Act (Section 76 -19D1 et seq. Revised Statutes of the State of Nebraska), the Borrower(s), do hereby designate the real, <br />Property described in tiro "Designation of Homestead" attached hereto and incorporated herein by this reference. <br />i <br />Borrower <br />Borrower <br />a <br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION <br />THIS DEED OF TRUST. is made as of the4!thday of JMuarY___ . 19 ML. by and among the Trustor. Larry M. Job and <br />...- .„,hose mailingaddressis 3052 Zola Lane, Grand Island_ <br />HE 6$803 -1522 �,tierein eorrower',.the Trustee.Wi1lam. G.__ Bla.QkbUr1n. a member of the NE State Bar Assn., <br />whose mailing address ii - P_O_ Jinx 2280 _ C,rncL Jsland._ - NE- _C88p2 -2280 (herein "Trustee"), <br />and the Beneficiary. -Five Points Hank <br />whose matUng address is _J'_.O.Alox-1542, Grand. _ lsland. NE.-6-8.802-1507 _ (herein "Lender i .. <br />i <br />FOR VALUABLE CONSIDERATION, indebtedness identified herein and trust herein created the receipt of which is hereby acknowledged. Borrower. <br />veby irrevocably granm transfers. conveys and Trustee. IN TRUST. WITH POWER OF SALE. for the benefit and security of Lender, under and subject to &t q <br />"sand conditions hereiratter set forth. !7.e.real pro�eRlr, described as follows <br />tot Twenty -Nine (29),• ft' `S B iStibdivisign, Hall County, N- braskal. <br />rte` <br />Tcuyscitgt with ail b"e+ngs. imprdymi -"s, fixtur3s. streets. allays passageways. easements. ngh)si pre ryieges and appurtenancus.ldrated thereon or in anywise r•' <br />( <br />pertairugg:Utaneto, and the rents. issues a)ja;j,rOhts, reversions and rem �ndkrs thereof, including, but nOYllmited to. healing and cdoling.egtlipment and such personal <br />property th(sfis attached to the improvements soas to constitute a fixture; end.tngether with the homestead of m arital interests. d any. whirdt.iniferests are hereby released <br />and waived: all of which, including replacements and additions thereto, is n3rlaUy declared to be a part of the real estate secured by the lien of this Deed of T rust and all of the <br />toregoing being referred to herein as the "property`. <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by Borrower's note and for credit agreement dated J2nuarY <br />�� <br />27, 19 .89 having a maturity date of Fehrltary 1, 1999 _ in the original principal amount of $ _3D, 000.0(11 and any and all. . <br />modifications. extensions and renewals thereof or thereto and any and art future advances and readvances hereunder pursuant to one or more promissory notes or credit <br />agreements (herein called "Note"). (b) the Qayment of other sums advaricAdby Lender to protect the security of the Note. IC l the performance all covenanisand agreemalit <br />of Borrower set forth herein. and (d) all indebtedness and obligations of Borrower to Lender whether direct. indirect. absolute or contingent and whether arising by nbtb, <br />f <br />guaranty. overdraft or otherwise <br />Borrower. to protect the security of this Deed of Trust. covenants and agrees with Lender as follows <br />j <br />I pogwaifofhieolpalatldInterest. Borrower shallpromptlypaywhenduethePr incipalofandi nterest on. andanyfeesorchargeaprovidedin <br />; <br />.theNolaorinthit <br />Deed of Trust. <br />2 TNI*. Borrower is the owner of the Property. has the rig hi and authority to convey the Property. and warrants that the lien create(! hereby is a first and prior lien on <br />the Property. except as may otherwise be set forth herein, and the execution and delivery of this Deed of Trust does not violate any contract or other obligation to which <br />Borrower is subject <br />3 Tease, Asaessmimb. To pay when due ail taxes. special assessments and all other Charges against the Property and upon written demand by Lender to pay to <br />Lender such amount as may be sufficient to enable the Lender to pay such taxes. assessments or other charges as they become due <br />' a Itieitrawee. To keep the Property insured against damage by fire. hazards included within the term "- extended coverage aria such other hazards as Lender may <br />requiro in amounts and with Companies acceptable to Lender and with loss payable 10 the Lender in case of loss uncer such policies Me Lender is authorized to adjust <br />collect and COmprOmise. all claim S thereunder and shall hale the option ofapplying all Or part of the insurance proceeds r.) to any indebtedness Secured hereby and in such <br />' oTdc: as Lcr.dot miy ablerrrifi@. (u) to the gu+iowe;T to be used lot the repair or restoration or the Property or r, vi to, any other purpose or object 50,5racfely to Lender <br />without alfeCtin(jtheilen of this Deed of Trust roc lho'Lilt amount secured hereby bvlotE? such payn•eN e.er toot' piate Any a(:ct :,caf,or' of ptute„d•. !e' ^'hL-tICdne SS shall <br />recd catered Or postpone the due date of any payrnenls under the Note or cure any defaUlt lhcteu^ per or ',ereor,der <br />6t r <br />5 MOWNnaece Napalre one CmepHaece With Lerae. 81i1r0wel shall keep the Pr, -poll* .rr qp -,y cash r r,r. ar•,l tr•ea* zna J •AI , *ova,, e• a'., <br />n.Cro.e� enf which R aY he darr,a�rd eT destrnyeJ Via', nbt, JRiin l'.f pe rm,t an Y assn U• :P'PFp•iih.,ri r the p••,pp.,, r. 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